Author Topic: Contravention 02 - Canham Rd, W3 - Parked on double yellow line with Blue Badge  (Read 289 times)

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'..the car was stopped to check the electronic entrance gate..'?

Where's the PCN pl? 

You have said that the driver and passenger(who holds a BB) were in the vehicle which you then parked, both of you exited, apparently for a purpose associated with an electronic gate, and that ???

You managed to open the gate, went inside and left the vehicle or what? Away from the vehicle for ** minutes?

Saw or didn't see the CEO?

I suggest you start at the beginning and not the condition of DKB?


Good morning Tincombe,

The BB holder was on its own and wanted to get through the gate to the residential parking. As the gate was indicated as "malfunctioning" considering the red/white stripes ribbon, the BB holder stopped the car where the alleged contravention took place to assess the gate. The BB holder didn't see the warden/ CEO as the car would have been behind the back of the BB holder assessing the gate.

The BB holder genuinely believed that someone in its position may park there for up to three hours (max limit for parking on DBL) as no restrictions are indicated and other BB holders tend to park time to time in that spot.

The BB holder was probably away from the car for 5-10 min. But the time indicator was shown as 10:30am and the PCN was issued at 10:31am. It seems that while the BB holder was assessing the gate and unaware what was going on behind its back, the CEO issued the PCN. It seems like the CEO has taken max two minutes to take pictures and issue the PCN.

Here are links to the front and back side of the PCN attached to the screen of the car.

https://imgpile.com/p/Rd06rqd#tEUYT9A - front side
https://imgpile.com/p/Rd06rqd#uweJUeY - back side

Thank you and kind regards,

Almep13


 

Thanks. No observation time.

Personal or vehicular access to Canham Mews, I cannot see anything else in the area?

I'm trying to see if you have another approach other than condition of DKB.

Hi Tincombe,

it's not access to Canham Mews, the electric gate is for access to Factory Quarter.

However, lack of DKB or visible DBK is an important factor in establishing if a contravention took place or not.

I'll draft an appeal and place it here for comments.

Thanks and regards,

Almep13

An adjudicator would either agree that the markings were not substantially compliant or not. A subjective decision.

The alternative statutory grounds are that you stopped momentarily at the location in order to move your vehicle off the road via the vehicle access gates, something which should have taken no more than 1-2 minutes.

I've no idea what 'assess the gate' means and I would suggest neither would the adjudicator. Neither do I follow that the vehicle stopped after the 'gate indicated malfunctioning'. 'Stopped momentarily' could be a defence IMO, but as this cannot be proved objectively, then credibility and plausibility come into focus. If the facts, and only you know these, do not fit an alternative approach then I agree that you should focus on the condition of the DKB in the council's evidence and similarly the DKB which are recommended to be repeated regularly in Chapter 3 of The Traffic Signs Manual and which are equally vague, especially when compared to the clarity of the DYL.
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Thanks Tincombe.

I'll focus on the DKB.

Kind regards,

Almep13